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Wednesday, July 31, 2013

Guess Who's Back? NLRB Returns to Full Power

On Tuesday, the Senate confirmed five - yes five - NLRB members. According to The Hill:

On Tuesday, the Senate voted to clear all five nominees — Harry Johnson III, Philip Miscimarra, Nancy Schiffer, Kent Hirozawa and Mark Pearce . . . . Hirozawa and Schiffer were confirmed on 54-44 votes, Pearce was reconfirmed on a 59-38 vote, Johnson and Miscimarra were confirmed on voice-vote.

Johnson and Miscimarra are Republicans and the other three are Democrats.

Prior to their confirmations, it was not clear whether the NLRB had any authority to act given that President Obama's "recess" appointments have been declared unconstitutional by three circuit courts. The Supreme Court will likely still decide whether the appointments were constitutional. But, it becomes less important given that we now have a full, five-member, constitutionally confirmed, NLRB.

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Produced by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania. McQuaide Blasko also has offices in Hershey and Hollidaysburg. Mr. Miles works in the firms's Litigation and Labor & Employment Law practice groups, providing legal services to employers and employees relating to human resources, employment discrimination, and other employment law issues.